In early February 2021, the 11th Circuit issued a significant ruling, holding in Cherry v. Dometic Corp. that class representatives need not “prove the existence of an administratively feasible method to identify absent class members as a precondition for [class]...
The Importance of Prohibiting Mass Opt-Outs in Class Action Settlement Agreements
Class action settlement agreements can be long and complicated. But sometimes it’s the simplest provisions—like one prohibiting mass opt-outs—that can pay dividends. The Backstory In July 2019, Equifax entered into a $700 million settlement agreement to resolve all...
Make the Deal, Sweeten the Deal: The Appeal of Injunctive Relief Remedies in Class-Wide Settlements
The modern class action, now on the books for over fifty years, allows injunctive remedies under all three subsections of Rule 23(b). Injunctive remedies, requiring that a defendant alter one or more aspects of its business practices or offer claimants non-monetary...
Class Action Promotion Sites and Free Media: The Business of Making Claims Go Viral
Class action lawsuits are a much bigger risk today than they were 30 years ago. The internet has completely changed how consumers gain awareness of class action lawsuits and how they file claims for settlement benefits. As a result of these changes, class sizes have...
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